Ron Arneson, Plaintiff-appellant, v. Shirley S. Chater, Secretary, Health and Human Services,defendant-appellee, 77 F.3d 488 (9th Cir. 1996)

MEMORANDUM^** 

To be entitled to a waiver of overpayment, Arneson had to prove he was "without fault." Anderson v. Sullivan, 914 F.2d 1121, 1122 (9th Cir. 1990). A waiver applicant is not "without fault" where there has been acceptance of a payment that the applicant could have been expected to know was incorrect. 20 C.F.R. § 404.507(c) (1994). Arneson argues that he shouldn't be held to have accepted the payments because he testified he didn't know his family had continued to receive benefits. The Secretary, however, found Arneson's testimony not credible, and this finding is supported by substantial evidence. There is evidence that Arneson had frequent contact with his family and that he provided support to his family. It was reasonable for the Secretary to infer that Arneson knew about his family's financial situation, including their continued receipt of average total benefits in excess of $1,000 per month.

There is also substantial evidence that Arneson could have been expected to know the payments in question, beginning in April 1988, were incorrect. The Secretary notified Arneson in July 1987 that his trial work period would likely end in December 1987 if he continued working, and that payments would continue for three months after the trial work period ended. The record also reflects that Arneson is a lawyer, who has handled social security matters for others.

AFFIRMED.